Mr. Lautenberg, from the
Committee on
Appropriations, reported the following original bill; which
was read twice and placed on the calendar

A BILL

Making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2011, and for other
purposes.

That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the Department
of Homeland Security for the fiscal year ending September 30, 2011, and for
other purposes, namely:

I

DEPARTMENTAL MANAGEMENT AND
OPERATIONS

Office of the secretary and executive
management

For necessary
expenses of the Office of the Secretary of Homeland Security, as authorized by
section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as authorized by law,
$150,605,000:
Provided, That not to exceed
$60,000 shall be for official reception and
representation expenses, of which $20,000 shall
be made available to the Office of Policy solely to host Visa Waiver Program
negotiations in Washington, DC:
Provided further, That
all official costs associated with the use of Government aircraft by Department
of Homeland Security personnel to support official travel of the Secretary and
the Deputy Secretary shall be paid from amounts made available for the
Immediate Office of the Secretary and the Immediate Office of the Deputy
Secretary:
Provided further, That
$50,000,000 shall not be available for
obligation until the Secretary submits: a comprehensive risk assessment and
national security strategy for the railroad sector as required by the
Implementing Recommendations of the 9/11 Commission Act (Public Law 110–53); a
detailed timeline for meeting all remaining congressional requirements for
surface transportation security included in Public Law 110–53; and a
comprehensive plan on how the Department will meet the recommendations outlined
in the Surface Transportation Security Priority Assessment by the National
Security Council:
Provided further, That
$25,000,000 shall not be available for
obligation until the Secretary submits a comprehensive plan to implement a
biometric air exit capability in fiscal year 2011 to the Committees on
Appropriations of the Senate and the House of
Representatives.

Office of the under secretary for
management

For necessary
expenses of the Office of the Under Secretary for Management, as authorized by
sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341
through 345), $239,933,000, of which not to
exceed $3,000 shall be for official reception
and representation expenses:
Provided, That of the total amount
made available under this heading, $5,000,000
shall remain available until expended solely for the alteration and improvement
of facilities, tenant improvements, and relocation costs to consolidate
Department headquarters operations at the Nebraska Avenue Complex; and
$14,641,000 shall remain available until
expended for the Human Resources Information Technology
program.

Office of the chief financial
officer

For necessary expenses
of the Office of the Chief Financial Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (6 U.S.C. 113),
$64,480,000, of which
$11,000,000 shall remain available until
expended for financial systems consolidation
efforts.

Office of the chief information
officer

For necessary expenses
of the Office of the Chief Information Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (6 U.S.C. 113), and Department-wide
technology investments, $382,459,000; of which
$82,727,000 shall be available for salaries and
expenses; and of which $299,732,000, to remain
available until expended, shall be available for development and acquisition of
information technology equipment, software, services, and related activities
for the Department of Homeland Security:
Provided, That of the total amount
appropriated, not less than $83,948,000 shall be
available for data center development, of which not less than
$27,730,000 shall be available for power
capabilities upgrades and facility construction projects at Data Center One
(National Center for Critical Information Processing and Storage):
Provided further, That
the Chief Information Officer shall submit to the Committees on Appropriations
of the Senate and the House of Representatives, not more than 60 days after the
date of enactment of this Act, an expenditure plan for all information
technology acquisition projects that: (1) are funded under this heading; or (2)
are funded by multiple components of the Department of Homeland Security
through reimbursable agreements:
Provided further, That
such expenditure plan shall include each specific project funded, key
milestones, all funding sources for each project, details of annual and
lifecycle costs, and projected cost savings or cost avoidance to be achieved by
the project:
Provided further, That
$75,000,000 shall not be available for
obligation until the submission of the expenditure plan to the Committees on
Appropriations of the Senate and the House of
Representatives.

Analysis and operations

For necessary expenses for intelligence
analysis and operations coordination activities, as authorized by title II of
the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$340,000,000, of which not to exceed
$5,000 shall be for official reception and
representation expenses; and of which
$53,975,000 shall remain available until
September 30, 2012:
Provided, That
$20,000,000 shall be withheld from obligation
until an expenditure plan for the Office of Intelligence and Analysis is
received by the Committees on Appropriations of the Senate and House of
Representatives:
Provided further, That
none of the funds provided in this or any other Act shall be available to
commence operations of the National Immigration Information Sharing Operation
or any follow-on entity until the Secretary certifies that such program
complies with all existing laws, including all applicable privacy and civil
liberties standards, the Comptroller General of the United States notifies the
Committees on Appropriations of the Senate and the House of Representatives and
the Secretary that the Comptroller has reviewed such certification, and the
Secretary notifies the Committees on Appropriations of the Senate and the House
of Representatives of all funds to be expended on operations of the National
Immigration Information Sharing Operation or any follow-on entity pursuant to
section 503 of this Act.

Office of inspector general

For necessary expenses of the Office of
Inspector General in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $116,806,000, of which
not to exceed $300,000 may be used for certain
confidential operational expenses, including the payment of informants, to be
expended at the direction of the Inspector
General.

II

SECURITY, ENFORCEMENT, AND
INVESTIGATIONS

U.S. customs and border
protection

SALARIES AND EXPENSES

For necessary expenses for enforcement of
laws relating to border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and animal imports, and
transportation of unaccompanied minor aliens; purchase and lease of up to 8,000
(7,000 for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad;
$8,290,986,000, of which
$3,274,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $45,000 shall be for official
reception and representation expenses; of which not less than
$314,052,000 shall be for Air and Marine
Operations; of which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from
that account; of which not to exceed $150,000
shall be available for payment for rental space in connection with preclearance
operations; and of which not to exceed
$1,000,000 shall be for awards of compensation
to informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security:
Provided, That for fiscal year
2011, the overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be
$35,000, and notwithstanding any other provision
of law, none of the funds appropriated by this Act may be available to
compensate any employee of U.S. Customs and Border Protection for overtime,
from whatever source, in an amount that exceeds such limitation, except in
individual cases determined by the Secretary of Homeland Security, or the
designee of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
Provided further, That
of the total amount provided, $1,700,000 shall
remain available until September 30, 2012, for the Global Advanced Passenger
Information/Passenger Name Record Program:
Provided further, That
the Border Patrol shall maintain an active duty presence of not less than
20,370 agents protecting the borders of the United States throughout the fiscal
year.

AUTOMATION MODERNIZATION

For expenses for U.S. Customs and Border
Protection automated systems, $347,575,000, to
remain available until expended, of which not less than
$153,090,000 shall be for the development of the
Automated Commercial Environment:
Provided, That of the total amount
made available under this heading, $50,000,000
may not be obligated for the Automated Commercial Environment program until 30
days after the Committees on Appropriations of the Senate and the House of
Representatives receive a report on the results to date and a detailed
expenditure plan for the program from the Department of Homeland
Security.

BORDER SECURITY FENCING, INFRASTRUCTURE,
AND TECHNOLOGY

For expenses
for border security fencing, infrastructure, and technology,
$574,173,000, to remain available until
expended:
Provided, That of the total amount
made available under this heading, $75,000,000
shall not be obligated until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve a plan for expenditure,
prepared by the Secretary of Homeland Security, reviewed by the Government
Accountability Office, and submitted not later than 90 days after the date of
the enactment of this Act, for a program to establish and maintain a security
barrier along the borders of the United States, of fencing and vehicle barriers
where practicable, and of other forms of tactical infrastructure and
technology.

AIR AND MARINE INTERDICTION, OPERATIONS,
MAINTENANCE, AND PROCUREMENT

For necessary expenses for the operations,
maintenance, and procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine program, including
operational training and mission-related travel; the interdiction of narcotics
and other goods; the provision of support to Federal, State, and local agencies
in the enforcement or administration of laws enforced by the Department; and at
the discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts, $523,751,000, to
remain available until expended:
Provided, That no aircraft or other
related equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to U.S. Customs and Border Protection
requirements and aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or office outside of the
Department in fiscal year 2011 without the prior approval of the Committees on
Appropriations of the Senate and the House of
Representatives.

CONSTRUCTION AND FACILITIES
MANAGEMENT

(Including rescission of
funds)

For necessary expenses to plan, acquire,
construct, renovate, equip, and maintain buildings and facilities necessary for
the administration and enforcement of the laws relating to customs,
immigration, and border security, $279,740,000,
to remain available until expended; of which
$4,000,000 shall be for constructing and
equipping the Advanced Training Center:
Provided, That for fiscal year 2012
and hereafter, the annual budget submission of U.S. Customs and Border
Protection for Construction and Facilities Management shall, in
consultation with the General Services Administration, include a detailed
5-year plan for all Federal land border port of entry projects with a yearly
update of total projected future funding needs delineated by land port of
entry.

Of the unobligated balances
available under the headings Construction and
Construction and Facilities Management of prior year
appropriations for construction projects,
$99,772,000 are rescinded:
Provided, That amounts rescinded
shall be limited to Border Patrol projects and facilities:
Provided further, That
no amounts may be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.

U.S. immigration and customs
enforcement

SALARIES AND EXPENSES

For necessary expenses for enforcement of
immigration and customs laws, detention and removals, and investigations; and
purchase and lease of up to 3,790 (2,350 for replacement only) police-type
vehicles; $5,466,462,000, of which not to exceed
$10,000,000 shall be available until expended
for conducting special operations under section 3131 of the Customs Enforcement
Act of 1986 (19 U.S.C. 2081); of which not to exceed
$15,000 shall be for official reception and
representation expenses; of which not to exceed
$2,000,000 shall be for awards of compensation
to informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security; of which not less than
$305,000 shall be for promotion of public
awareness of the child pornography tipline and anti-child exploitation
activities; of which not less than $5,400,000
shall be used to facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed
$11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in the
United States:
Provided, That none of the funds
made available under this heading shall be available to compensate any employee
for overtime in an annual amount in excess of
$35,000, except that the Secretary, or the
designee of the Secretary, may waive that amount as necessary for national
security purposes and in cases of immigration emergencies:
Provided further, That
of the total amount provided, $15,770,000 shall
be for activities in fiscal year 2011 to enforce laws against forced child
labor, of which not to exceed $6,000,000 shall
remain available until expended:
Provided further, That
the Secretary shall prioritize the identification and removal of aliens
convicted of a crime by the severity of that crime:
Provided further, That
nothing under this heading shall prevent U.S. Immigration and Customs
Enforcement from exercising those authorities provided under immigration laws
(as defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))) during priority operations pertaining to aliens convicted
of a crime:
Provided further, That
funding made available under this heading shall maintain a level of not less
than 33,400 detention beds through September 30, 2011:
Provided further, That
of the total amount provided, not less than
$2,618,237,000 is for detention and removal
operations, including transportation of unaccompanied minor aliens:
Provided further, That
of the total amount provided, $7,300,000 shall
remain available until September 30, 2012, for the Visa Security Program:
Provided further, That
none of the funds provided under this heading may be used to continue a
delegation of law enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of
Homeland Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been violated:
Provided further, That
none of the funds provided under this heading may be used to continue any
contract for the provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less than
adequate or the equivalent median score in any subsequent performance
evaluation system:
Provided further, That
any sale or collocation of federally owned detention facilities shall not
result in the maintenance of fewer than 33,400 detention beds:
Provided further, That
the Committees on Appropriations shall be notified 15 days prior to the
announcement of any proposed sale or collocation of a federally owned detention
facility.

AUTOMATION
MODERNIZATION

For expenses of immigration and customs
enforcement automated systems, $84,700,000, to
remain available until expended:
Provided, That of the funds made
available under this heading, $10,000,000 shall
not be obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive an expenditure plan prepared by the Assistant
Secretary of U.S. Immigration and Customs
Enforcement.

Transportation security
administration

AVIATION SECURITY

For necessary expenses of the Transportation
Security Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law 107–71),
$5,490,549,000, to remain available until
September 30, 2012, of which not to exceed
$10,000 shall be for official reception and
representation expenses:
Provided, That of the total amount
made available under this heading, not to exceed
$4,400,012,000 shall be for screening
operations, of which $678,325,000 shall be
available for explosives detection systems; and not to exceed
$1,090,537,000 shall be for aviation security
direction and enforcement:
Provided further, That
of the amount made available in the preceding proviso for explosives detection
systems, $355,000,000 shall be available for the
purchase and installation of these systems, of which not less than 8 percent
shall be available for the purchase and installation of certified explosives
detection systems at medium- and small-sized airports:
Provided further, That
any award to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby congestion
resulting in increased security concerns, high injury rates, airport readiness,
and increased cost effectiveness:
Provided further, That
security service fees authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting collections and
shall be available only for aviation security:
Provided further, That
the sum appropriated under this heading from the general fund shall be reduced
on a dollar-for-dollar basis as such offsetting collections are received in
fiscal year 2011, so as to result in a final fiscal year appropriation from the
general fund of not more than $3,390,549,000:
Provided further, That
any security service fees collected in excess of the amount made available
under this heading shall be available for fiscal year 2012:
Provided further, That
Members of the House of Representatives and Senate, including the leadership;
the heads of Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the Attorney General, or Assistant Attorneys General, or the
United States attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and Budget; shall
not be exempt from Federal passenger and baggage
screening.

SURFACE TRANSPORTATION
SECURITY

For necessary
expenses of the Transportation Security Administration related to surface
transportation security activities,
$137,558,000, to remain available until
September 30, 2012.

TRANSPORTATION THREAT ASSESSMENT AND
CREDENTIALING

For necessary
expenses for the development and implementation of screening programs of the
Office of Transportation Threat Assessment and Credentialing,
$147,224,000, to remain available until
September 30, 2012: Provided,
That if the Assistant Secretary of Homeland Security (Transportation Security
Administration) determines that the Secure Flight program does not need to
check airline passenger names against the full terrorist watchlist, the
Assistant Secretary shall certify to the Committees on Appropriations of the
Senate and the House of Representatives not later than December 31, 2010, that
no significant security risks are raised by screening airline passenger names
only against a subset of the full terrorist watchlist.

TRANSPORTATION SECURITY
SUPPORT

For necessary expenses
of the Transportation Security Administration related to providing
transportation security support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107–71),
$1,047,929,000, to remain available until
September 30, 2012:
Provided, That of the funds
appropriated under this heading, $50,000,000 may
not be obligated for headquarters administration until the Assistant Secretary
of Homeland Security (Transportation Security Administration) submits to the
Committees on Appropriations of the Senate and the House of Representatives
detailed expenditure plans for air cargo security, and for checkpoint support
and explosives detection systems refurbishment, procurement, and installations
on an airport-by-airport basis for fiscal year 2011:
Provided further, That
such plans shall be submitted no later than 60 days after the date of enactment
of this Act.

FEDERAL AIR MARSHALS

For necessary expenses of the Federal Air
Marshals,
$950,015,000.

Coast
guard

OPERATING EXPENSES

For necessary expenses for the operation and
maintenance of the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent requirements
(at a unit cost of no more than $700,000) and
repairs and service-life replacements, not to exceed a total of
$26,000,000; minor shore construction projects
not exceeding $1,000,000 in total cost at any
location; payments pursuant to section 156 of Public Law 97–377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare;
$6,970,681,000, of which
$594,461,000 shall be for defense-related
activities, of which $254,461,000 is for
overseas deployments and other activities; of which
$24,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed
$20,000 shall be for official reception and
representation expenses:
Provided, That none of the funds
made available by this or any other Act shall be available for administrative
expenses in connection with shipping commissioners in the United States:
Provided further, That
none of the funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States Code,
except to the extent fees are collected from yacht owners and credited to this
appropriation:
Provided further, That
the Coast Guard shall comply with the requirements of section 527 of the
National Defense Authorization Act for 2004 (10 U.S.C. 4331 note) with respect
to the Coast Guard Academy:
Provided further, That
of the funds made available under this heading,
$75,000,000 shall be withheld from obligation
for Headquarters Directorates until: (1) the fiscal year 2011 second quarter
acquisition report; (2) the annual review of the Revised Deepwater
Implementation Plan; and (3) the future-years capital investment plan for
fiscal years 2012–2016 are received by the Committees on Appropriations of the
Senate and the House of Representatives:
Provided further, That
funds made available under this heading for overseas deployments and other
activities may be allocated by program, project, and activity, notwithstanding
section 503 of this Act.

ENVIRONMENTAL COMPLIANCE AND
RESTORATION

For necessary
expenses to carry out the environmental compliance and restoration functions of
the Coast Guard under chapter 19 of title 14, United States Code,
$13,329,000, to remain available until
expended.

RESERVE TRAINING

For necessary expenses of the Coast Guard
Reserve, as authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and services;
$135,675,000.

ACQUISITION, CONSTRUCTION, AND
IMPROVEMENTS

For necessary
expenses of acquisition, construction, renovation, and improvement of aids to
navigation, shore facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease and operation of
facilities and equipment, as authorized by law;
$1,582,578,000, of which
$20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which
$13,965,000 shall be derived from the Coast
Guard Housing Fund, established pursuant to 14 U.S.C. 687, and shall remain
available until expended for military family housing; of which
$62,000,000 shall be available until September
30, 2015, to acquire, effect major repairs, renovate, or improve vessels, small
boats, and related equipment; of which
$36,000,000 shall be available until September
30, 2013, for other equipment; of which
$108,350,000 shall be available until September
30, 2013, for shore facilities and aids to navigation facilities, including not
less than $23,500,000 for waterfront
improvements and support facilities for buoy tender operations at Naval Station
Newport, not less than $18,100,000 for the Coast
Guard Sector Honolulu Command and Interagency Operations Center, and not less
than $21,050,000 for Coast Guard Station
Cleveland Harbor; of which $107,561,000 shall be
available for personnel compensation and benefits and related costs; and of
which $1,233,502,000 shall be available until
September 30, 2015, for the Integrated Deepwater Systems program:
Provided, That of the funds made
available for the Integrated Deepwater Systems program,
$112,000,000 is for aircraft and
$966,002,000 is for surface ships:
Provided further, That
the Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, in conjunction
with the President's fiscal year 2012 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan for the fiscal
year; an annual performance comparison of Integrated Deepwater Systems program
assets to pre-Deepwater legacy assets; a status report of such legacy assets; a
detailed explanation of how the costs of such legacy assets are being accounted
for within the Integrated Deepwater Systems program; and the earned value
management system gold card data for each Integrated Deepwater Systems program
asset:
Provided further, That
the Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, in conjunction
with the fiscal year 2016 budget request, and every 5 years thereafter, a
comprehensive review of the Revised Deepwater Implementation Plan, that
includes a complete projection of the acquisition costs and schedule for the
duration of the plan:
Provided further, That
the Commandant of the Coast Guard shall annually submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President's budget is submitted under section 1105(a) of title 31, United
States Code, a future-years capital investment plan for the Coast Guard that
identifies for each capital budget line item—

(1)

the proposed appropriation included in that
budget;

(2)

the total estimated cost of
completion;

(3)

projected funding levels for each fiscal
year for the next 5 fiscal years or until project completion, whichever is
earlier;

(4)

an estimated completion date at the
projected funding levels; and

(5)

changes, if any, in the total estimated
cost of completion or estimated completion date from previous future-years
capital investment plans submitted to the Committees on Appropriations of the
Senate and the House of Representatives:

Provided further, That the Commandant
of the Coast Guard shall ensure that amounts specified in the future-years
capital investment plan are consistent, to the maximum extent practicable, with
proposed appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget as submitted under
section 1105(a) of title 31, United States Code, for that fiscal year:
Provided further,
That any inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified:
Provided further,
That subsections (a) and (b) of section 6402 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act,
2007 (Public Law 110–28) shall apply to fiscal year 2011.

ALTERATION OF BRIDGES

For necessary expenses for alteration or
removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs
Act (33 U.S.C. 516), $4,000,000, to remain
available until expended:
Provided, That of the amounts made
available under this heading,
$4,000,000 shall be for the Union Pacific
Railroad Bridge in Clinton, Iowa.

RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION

For necessary
expenses for applied scientific research, development, test, and evaluation;
and for maintenance, rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $28,034,000, to
remain available until expended, of which
$500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be
credited to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development, testing, and
evaluation.

RETIRED PAY

For retired pay, including the payment of
obligations otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and Survivor Benefits
Plans, payment for career status bonuses, concurrent receipts and
combat-related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their dependents
under chapter 55 of title 10, United States Code,
$1,400,700,000, to remain available until
expended.

United states secret
service

SALARIES AND EXPENSES

For necessary expenses of the United States
Secret Service, including: purchase of not to exceed 652 vehicles for
police-type use for replacement only; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft; services
of expert witnesses at such rates as may be determined by the Director of the
Secret Service; rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or other property not
in Government ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to employees where a
protective assignment during the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at a post
of duty; conduct of and participation in firearms matches; presentation of
awards; travel of United States Secret Service employees on protective missions
without regard to the limitations on such expenditures in this or any other Act
if approval is obtained in advance from the Committees on Appropriations of the
Senate and the House of Representatives; research and development; grants to
conduct behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be necessary to
perform protective functions; $1,571,642,000, of
which not to exceed $25,000 shall be for
official reception and representation expenses; of which not to exceed
$100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000
shall be for forensic and related support of investigations of missing and
exploited children; and of which $6,000,000
shall be for a grant for activities related to the investigations of missing
and exploited children and shall remain available until expended:
Provided, That up to
$18,000,000 for protective travel shall remain
available until September 30, 2012:
Provided further, That
up to $1,000,000 for National Special Security
Events shall remain available until expended:
Provided further, That
the United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and entities, as defined
in section 105 of title 5, United States Code, receiving training sponsored by
the James J. Rowley Training Center, except that total obligations at the end
of the fiscal year shall not exceed total budgetary resources available under
this heading at the end of the fiscal year:
Provided further, That
none of the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that amount as necessary
for national security purposes:
Provided further, That
none of the funds made available to the United States Secret Service by this
Act or by previous appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of Homeland Security:
Provided further, That
the Director of the United States Secret Service may enter into an agreement to
perform such service on a fully reimbursable basis:
Provided further, That
of the total amount made available under this heading,
$69,960,000, to remain available until expended,
is for information technology modernization:
Provided further, That
$20,000,000 is unavailable for obligation to
purchase or install information technology equipment until the Chief
Information Officer of the Department of Homeland Security submits a report to
the Committees on Appropriations of the Senate and the House of Representatives
certifying that all plans for such modernization are consistent with Department
of Homeland Security data center migration and enterprise architecture
requirements:
Provided further, That
$8,000,000 shall not be made available for
obligation until enactment into law of authorizing legislation that
incorporates the authorities of the United States Secret Service Uniformed
Division into the United States Code, including restructuring the United States
Secret Service Uniformed Division’s pay chart.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS,
AND RELATED EXPENSES

For
necessary expenses for acquisition, construction, repair, alteration, and
improvement of facilities, $3,975,000, to remain
available until expended.

III

PROTECTION, PREPAREDNESS, RESPONSE, AND
RECOVERY

National protection and programs
directorate

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of
the Under Secretary for the National Protection and Programs Directorate,
support for operations, information technology, and the Office of Risk
Management and Analysis, $45,137,000:
Provided, That not to exceed
$5,000 shall be for official reception and
representation expenses.

INFRASTRUCTURE PROTECTION AND INFORMATION
SECURITY

For necessary
expenses for infrastructure protection and information security programs and
activities, as authorized by title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.), $880,423,000, of which
$720,884,000 shall remain available until
September 30, 2012:
Provided, That of the total amount
provided, not less than $18,000,000 shall be for
the National Infrastructure Simulation and Analysis Center.

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security
fees credited to this account shall be available until expended for necessary
expenses related to the protection of federally-owned and leased buildings and
for the operations of the Federal Protective Service:
Provided, That the Secretary of
Homeland Security and the Director of the Office of Management and Budget shall
certify in writing to the Committees on Appropriations of the Senate and the
House of Representatives not later than December 31, 2010, that the operations
of the Federal Protective Service will be fully funded in fiscal year 2011
through revenues and collection of security fees, and shall adjust the fees to
ensure fee collections are sufficient to ensure that the Federal Protective
Service maintains not fewer than 1,348 full-time equivalent staff and
1,011 full-time equivalent Police
Officers, Inspectors, Area Commanders, and Special Agents who, while working,
are directly engaged on a daily basis protecting and enforcing laws at Federal
buildings (referred to as in-service field
staff).

UNITED STATES VISITOR AND IMMIGRANT STATUS
INDICATOR TECHNOLOGY

For
necessary expenses for the development of the United States Visitor and
Immigrant Status Indicator Technology project, as authorized by section 110 of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1365a), $334,613,000, of which
$50,000,000 shall remain available until
September 30, 2012:
Provided, That of the total amount
made available under this heading, $167,307,000
shall not be obligated for the United States Visitor and Immigrant Status
Indicator Technology project until the Committees on Appropriations of the
Senate and the House of Representatives receive a plan for expenditure,
prepared by the Secretary of Homeland Security, not later than 90 days after
the date of enactment of this Act that meets the statutory conditions specified
under this heading in Public Law 110–329:
Provided further, That
not less than $50,000,000 of unobligated
balances of prior year appropriations shall remain available and be obligated
solely for implementation of a biometric air exit
capability.

Office of health affairs

For necessary expenses of the Office of
Health Affairs, $155,459,000, of which
$27,553,000 is for salaries and expenses:
Provided, That
$127,906,000 shall remain available until
September 30, 2012, for biosurveillance, BioWatch, medical readiness planning,
chemical response, and other activities:
Provided further, That
not to exceed $3,000 shall be for official
reception and representation expenses.

Federal emergency management
agency

MANAGEMENT AND ADMINISTRATION

For necessary expenses for management and
administration of the Federal Emergency Management Agency,
$696,236,000, including activities authorized by
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
sections 107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405),
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.), and the Post-Katrina Emergency Management Reform
Act of 2006 (Public Law 109–295; 120 Stat. 1394):
Provided, That not to exceed
$3,000 shall be for official reception and
representation expenses:
Provided further, That
the President's budget submitted under section 1105(a) of title 31, United
States Code, shall be detailed by office for the Federal Emergency Management
Agency:
Provided further, That
the Administrator of the Federal Emergency Management Agency shall provide to
the Committees on Appropriations of the Senate and the House of Representatives
an expenditure plan for all funds made available in this Act for Federal
Emergency Management Agency “Management and Administration”, not later than 90
days after the date of enactment of this Act:
Provided further, That
of the total amount made available under this heading, not to exceed
$12,000,000 shall remain available until
September 30, 2012, for capital improvements at the Mount Weather Emergency
Operations Center:
Provided further, That
of the total amount made available under this heading,
$38,000,000 shall be for the Urban Search and
Rescue Response System, of which not to exceed
$1,600,000 may be made available for
administrative costs; and $7,049,000 shall be
for the Office of National Capital Region Coordination:
Provided further, That
for purposes of planning, coordination, execution, and decisionmaking related
to mass evacuation during a disaster, for fiscal year 2011 and hereafter, the
Governors of the State of West Virginia and the Commonwealth of Pennsylvania,
or their designees, shall be incorporated into efforts to integrate the
activities of Federal, State, and local governments in the National Capital
Region, as defined in section 882 of Public Law 107–296, the Homeland Security
Act of 2002.

STATE AND LOCAL
PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative
agreements, and other activities, $3,078,970,000
shall be allocated as follows:

(1)

$950,000,000
shall be for the State Homeland Security Grant Program under section 2004 of
the Homeland Security Act of 2002 (6 U.S.C. 605):
Provided, That of the amount
provided by this paragraph, $60,000,000 shall be
for Operation Stonegarden.

(2)

$950,000,000
shall be for the Urban Area Security Initiative under section 2003 of the
Homeland Security Act of 2002 (6 U.S.C. 604), of which, notwithstanding
subsection (c)(1) of such section, $20,000,000
shall be for grants to organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax section 501(a) of such
code) determined by the Secretary of Homeland Security to be at high risk of a
terrorist attack.

(3)

$35,000,000
shall be for Regional Catastrophic Preparedness Grants.

(4)

$38,000,000
shall be for the Metropolitan Medical Response System under section 635 of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723).

(5)

$11,500,000
shall be for the Citizen Corps Program.

(6)

$350,000,000
shall be for Public Transportation Security Assistance, Railroad Security
Assistance, and Over-the-Road Bus Security Assistance under section 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007
(Public Law 110–53; 6 U.S.C. 1135, 1163, and 1182); of which not less than
$25,000,000 shall be for Amtrak security; and
not less than $6,000,000 shall be for
Over-the-Road Bus Security Assistance.

(7)

$350,000,000
shall be for Port Security Grants in accordance with 46 U.S.C. 70107.

(8)

$50,000,000
shall be for Buffer Zone Protection Program Grants.

(9)

$50,000,000
shall be for the Interoperable Emergency Communications Grant Program under
section 1809 of the Homeland Security Act of 2002 (6 U.S.C. 579).

(10)

$31,520,000
shall be for grants for Emergency Operations Centers under section 614 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196c) to remain available until expended, of which not less than the amount
specified for each Emergency Operations Center shall be provided as follows:
$500,000, City of Compton, California;
$500,000, City of Pasadena, California;
$1,000,000, State of Illinois, Springfield,
Illinois; $610,000, Polk County, Iowa;
$750,000, Louisiana Sheriffs' Association, Baton
Rouge, Louisiana; $250,000, City of Baton Rouge,
Louisiana; $250,000, State of Michigan, Lansing,
Michigan; $771,000, Missoula County, Montana;
$129,000, Park County, Montana;
$950,000, City of Passaic, New Jersey;
$3,450,000, Hudson County, New Jersey;
$600,000, City of Orange Township, New Jersey;
$1,000,000, Rhode Island Emergency Management
Agency, East Greenwich, Rhode Island; and
$5,000,000, State of West Virginia, Charleston,
West Virginia.

(11)

$262,950,000
shall be for training, exercises, technical assistance, and other programs, of
which—

(A)

$159,500,000
shall be for the National Domestic Preparedness Consortium in accordance with
section 1204 of the Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1102), of which $62,500,000 shall
be for the Center for Domestic Preparedness;
$23,000,000 shall be for the National Energetic
Materials Research and Testing Center, New Mexico Institute of Mining and
Technology; $23,000,000 shall be for the
National Center for Biomedical Research and Training, Louisiana State
University; $23,000,000 shall be for the
National Emergency Response and Rescue Training Center, Texas A&M
University; $23,000,000 shall be for the
National Exercise, Test, and Training Center, Nevada Test Site; and
$5,000,000 shall be for the National Disaster
Preparedness Training Center, University of Hawaii, Honolulu, Hawaii;
and

(B)

$2,450,000
shall be for the Center for Counterterrorism and Cybercrime, Norwich
University, Northfield, Vermont:

Provided,
That not to exceed
5 percent of the
amounts provided under this heading shall be transferred to the Federal
Emergency Management Agency Management and Administration
account for program administration:
Provided further,
That notwithstanding section 2008(a)(11) of the Homeland Security Act of 2002
(6 U.S.C. 609(a)(11)), or any other provision of law, a grantee may use not
more than 5 percent of the amount of a grant made available under this heading
for expenses directly related to administration of the grant:
Provided further,
That for grants under paragraphs (1) through (5), the applications for grants
shall be made available to eligible applicants not later than 25 days after the
date of enactment of this Act, that eligible applicants shall submit
applications not later than 90 days after the grant announcement, and that the
Administrator of the Federal Emergency Management Agency shall act within 90
days after receipt of an application:
Provided further,
That for grants under paragraphs (6) through (9), the
applications for grants shall be made available to eligible applicants not
later than 30 days after the date of enactment of this Act, that eligible
applicants shall submit applications within 45 days after the grant
announcement, and thatthe Administrator of
the Federal Emergency Management Agency shall act not later than 60 days after
receipt of an application:
Provided further,
That for grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a building or other
physical facility:
Provided further,
That in fiscal year 2011 and hereafter, (a) the Center for Domestic
Preparedness may provide training to emergency response providers from the
Federal Government, foreign governments, or private entities, if the Center for
Domestic Preparedness is reimbursed for the cost of such training, and any
reimbursement under this subsection shall be credited to the account from which
the expenditure being reimbursed was made and shall be available, without
fiscal year limitation, for the purposes for which amounts in the account may
be expended; (b) the head of the Center for Domestic Preparedness shall ensure
that any training provided under (a) does not interfere with the primary
mission of the Center to train state and local emergency response providers;
(c) subject to (b), nothing in (a) prohibits the Center for Domestic
Preparedness from providing training to employees of the Federal Emergency
Management Agency for the professional development of those employees pursuant
to 5 U.S.C. § 4103 without reimbursement for the cost of such training.

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs
authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.), $810,000,000, of which
$390,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and
$420,000,000 shall be available to carry out
section 34 of that Act (15 U.S.C. 2229a), to remain available until September
30, 2011:
Provided, That not to exceed 5
percent of the amount available under this heading shall be available for
program administration.

The aggregate charges
assessed during fiscal year 2011, as authorized in title III of
the Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be
less than 100 percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the
next fiscal year:
Provided, That the methodology for
assessment and collection of fees shall be fair and equitable and shall reflect
costs of providing such services, including administrative costs of collecting
such fees:
Provided further, That
fees received under this heading shall be deposited in this account as
offsetting collections and will become available for authorized purposes on
October 1, 2011,
and remain available until expended.

UNITED STATES FIRE
ADMINISTRATION

For necessary
expenses of the United States Fire Administration and for other purposes, as
authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),
$45,930,000.

DISASTER
RELIEF

(INCLUDING TRANSFERS OF
FUNDS)

For necessary expenses
in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), $1,950,000,000, to
remain available until expended:
Provided, That the Federal
Emergency Management Agency shall submit an expenditure plan to the Committees
on Appropriations of the Senate and the House of Representatives detailing the
use of the funds for disaster readiness and support within 60 days after the
date of enactment of this Act:
Provided further, That
the Federal Emergency Management Agency shall submit to such Committees a
quarterly report detailing obligations against the expenditure plan and a
justification for any changes in spending:
Provided further, That
of the total amount provided, $16,000,000 shall
be transferred to the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters, subject to section
503 of this Act:
Provided further,
That, not later than 60 days after enactment of this Act,
$216,760,000 shall be transferred to Federal
Emergency Management Agency Management and Administration for
management and administration functions:
Provided further, That
the Federal Emergency Management Agency shall submit the monthly
Disaster Relief report, as specified in Public Law 110–161, to
the Committees on Appropriations of the Senate and the House of
Representatives, and include the amounts provided to each Federal agency for
mission assignments:
Provided further, That
for any request for reimbursement from a Federal agency to the Department of
Homeland Security to cover expenditures under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any mission
assignment orders issued by the Department for such purposes, the Secretary of
Homeland Security shall take appropriate steps to ensure that each agency is
periodically reminded of Department policies on—

(1)

the detailed information required in
supporting documentation for reimbursements; and

(2)

the necessity for timeliness of agency
billings.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM
ACCOUNT

For activities under
section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5162), $295,000 is for the cost
of direct loans:
Provided, That gross obligations
for the principal amount of direct loans shall not exceed
$25,000,000:
Provided further, That
the cost of modifying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a).

FLOOD HAZARD MAPPING AND RISK
ANALYSIS

For necessary
expenses under section 1360 of the National Flood Insurance Act of 1968 (42
U.S.C. 4101), $194,000,000, and such additional
sums as may be provided by State and local governments or other political
subdivisions for cost-shared mapping activities under section 1360(f)(2) of
such Act (42 U.S.C. 4101(f)(2)), to remain available until expended:
Provided, That total administrative
costs shall not exceed 5 percent of the total amount appropriated under this
heading.

NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.),
$169,000,000, which shall remain available until
September 30, 2012 and shall be derived from offsetting collections assessed
and collected under section 1308(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4015(d)), which is available for salaries and expenses associated
with flood mitigation and flood insurance operations; and flood plain
management and flood mapping:
Provided, That not to exceed
$22,145,000 shall be available for salaries and
expenses associated with flood mitigation and flood insurance operations:
Provided further, That
any additional fees collected pursuant to section 1308(d) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain management and
flood mapping:
Provided further, That
in fiscal year 2011, no funds shall be available
from the National Flood Insurance Fund under section 1310 of that Act (42
U.S.C. 4017) in excess of: (1) $85,000,000 for
operating expenses; (2) $1,035,105,000 for
commissions and taxes of agents; (3) such sums as are necessary for interest on
Treasury borrowings; and (4) $120,000,000, which
shall remain available until expended for flood mitigation actions, of which
not less than $40,000,000 is for severe
repetitive loss properties under section 1361A of the National Flood Insurance
Act of 1968 (42 U.S.C. 4102a), of which
$10,000,000 is for repetitive insurance claims
properties under section 1323 of the National Flood Insurance Act of 1968 (42
U.S.C. 4030), and of which $40,000,000 is for
flood mitigation assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs (B) and (C) of
subsection (b)(3) and subsection (f) of section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7)
of section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017):
Provided further, That
amounts collected under section 102 of the Flood Disaster Protection Act of
1973 and section 1366(i) of the National Flood Insurance Act of 1968 shall be
deposited in the National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood Insurance Act of
1968, notwithstanding 42 U.S.C. 4012a(f)(8), 4104c(i), and 4104d(b)(2)–(3):
Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation.

NATIONAL PREDISASTER MITIGATION
FUND

For the predisaster
mitigation grant program under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133),
$75,000,000, to remain available until expended:
Provided, That the total
administrative costs associated with such grants shall not exceed 3 percent of
the total amount made available under this
heading.

EMERGENCY FOOD AND SHELTER

To carry out the emergency food and shelter
program pursuant to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $150,000,000, to remain
available until expended:
Provided, That total administrative
costs shall not exceed 3.5 percent of the total amount made available under
this heading.

IV

RESEARCH AND DEVELOPMENT, TRAINING, AND
SERVICES

United states citizenship and immigration
services

For necessary
expenses for citizenship and immigration services,
$171,593,000, of which
$50,000,000 is for processing applications for
asylum or refugee status; and of which
$103,400,000 is for
immigration
verification programs, including the E-Verify Program, as authorized
by section 402 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce:
Provided, That notwithstanding any
other provision of law, funds available to United States Citizenship and
Immigration Services may be used to acquire, operate, equip, and dispose of up
to five vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease:
Provided further, That
the Director of United States Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of employment:
Provided further, That
none of the funds made available under this heading may be obligated for
development of the REAL ID hub until the Committees on
Appropriations of the Senate and the House of Representatives receive a plan
for expenditure for that program that describes the strategic context of the
program, the specific goals and milestones set for the program, and the funds
allocated for achieving each of these goals and milestones:
Provided further, That
none of the funds made available in this Act for grants for immigrant
integration may be used to provide services to aliens who have not been
lawfully admitted for permanent residence.

Federal law enforcement training
center

SALARIES AND EXPENSES

For necessary expenses of the Federal Law
Enforcement Training Center as authorized under section 884 of the Homeland
Security Act of 2002 (6 U.S.C. 464), including materials and support costs of
Federal law enforcement basic training; the purchase of not to exceed 117
vehicles for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and participation in
firearms matches and presentation of awards; public awareness and enhancement
of community support of law enforcement training; room and board for student
interns; a flat monthly reimbursement to employees authorized to use personal
mobile phones for official duties; and services as authorized by section 3109
of title 5, United States Code, $234,500,000, of
which up to $48,420,000 shall remain available
until September 30, 2012, for materials and support costs of Federal law
enforcement basic training; and of which not to exceed
$12,000 shall be for official reception and
representation expenses:
Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from agencies
receiving training sponsored by the Center, except that total obligations at
the end of the fiscal year shall not exceed total budgetary resources available
at the end of the fiscal year:
Provided further, That
section 1202(a) of Public Law 107–206 (42 U.S.C. 3771 note), as amended by
Public Law 111–83 (123 Stat.
2166), is further amended by
striking December 31, 2012 and inserting
December 31, 2013:
Provided further, That
the Director of the Federal Law Enforcement Training Center shall schedule
basic or advanced law enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement Training Center to
ensure that such training facilities are operated at the highest capacity
throughout the fiscal year.

accreditation

For necessary expenses of Federal Law
Enforcement Training Accreditation activities,
$1,419,000, of which
$300,000 shall remain available until expended
to be distributed to Federal law enforcement agencies for expenses incurred
participating in training accreditation:
Provided, That the Federal Law
Enforcement Training Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal accreditation experts
involved in law enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement training
programs, facilities, and instructors.

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS,
AND RELATED EXPENSES

For
acquisition of necessary additional real property and facilities, construction,
and ongoing maintenance, facility improvements, and related expenses of the
Federal Law Enforcement Training Center,
$38,456,000, to remain available until expended:
Provided, That the Center is
authorized to accept reimbursement to this appropriation from Government
agencies requesting the construction of special use
facilities.

Science and
technology

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of
the Under Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$146,918,000:
Provided, That not to exceed
$10,000 shall be for official reception and
representation expenses.

RESEARCH, DEVELOPMENT, ACQUISITION, AND
OPERATIONS

For necessary
expenses for science and technology research, including advanced research
projects; development; test and evaluation; acquisition; and operations, as
authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.); $863,420,000and the purchase or lease of not
to exceed five vehicles, of which $741,420,000
is to remain available until September 30,
2013; and of which not less than
$122,000,000 is to remain available until
September 30, 2015, solely for laboratory
facilities:
Provided, That not less than
$50,000,000 shall be available for university
programs:
Provided further, That
not less than $20,865,000 shall be available for
the Southeast Region Research Initiative at the United States Army Corps of
Engineers' Engineer Research and Development Center:Provided
further, That not less than
$2,250,000 shall be available for Distributed
Environment for Critical Infrastructure Decisionmaking Exercises.

Domestic nuclear detection
office

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic
Nuclear Detection Office as authorized by title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 591 et seq.), for management and administration of
programs and activities, $36,992,000:
Provided, That not to exceed
$3,000 shall be for official reception and
representation expenses.

RESEARCH, DEVELOPMENT, AND
OPERATIONS

For necessary
expenses for radiological and nuclear
detection, development, testing,
evaluation, and operations, $207,828,000, to
remain available until September 30,
2013:
Provided, That
not later than 60
days after the date of enactment of this Act, all prior year balances available
for transformational research and development shall be transferred to Science
and Technology Research, Development, Acquisition, and
Operations.

SYSTEMS ACQUISITION

For expenses for the Domestic Nuclear
Detection Office acquisition and deployment of radiological detection systems
in accordance with the global nuclear detection architecture,
$78,000,000, to remain available until September
30, 2013:
Provided, That none of the funds
appropriated under this heading in this Act or any other Act shall be obligated
for full-scale procurement of advanced spectroscopic portal monitors until the
Secretary of Homeland Security submits to the Committees on Appropriations of
the Senate and the House of Representatives a report certifying that a
significant increase in operational effectiveness will be achieved by such
obligation:
Provided further, That
the Secretary shall submit separate and distinct certifications prior to the
procurement of advanced spectroscopic portal monitors for primary and secondary
deployment that address the unique requirements for operational effectiveness
of each type of deployment:
Provided further, That
the Secretary shall continue to consult with the National Academy of Sciences
before making such certifications:
Provided further, That
none of the funds appropriated under this heading shall be used for high-risk
concurrent development and production of mutually dependent software and
hardware.

V

GENERAL
PROVISIONS

(INCLUDING RESCISSIONS OF
FUNDS)

501.

No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.

502.

Subject to the requirements of section 503
of this Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be accounted for as one
fund for the same time period as originally enacted.

503.(a)

None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or transferred to
the Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2011, or provided from any accounts
in the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that: (1) creates a new
program, project, or activity; (2) eliminates a program, project, office, or
activity; or (3) increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either of the Committees on
Appropriations of the Senate or the House of Representatives for a different
purpose; or (5) contracts out any function or activity for which funding levels
were requested for Federal full-time equivalents in the object classification
tables contained in the fiscal year 2011 Budget Appendix for the Department of
Homeland Security, as modified by the joint explanatory statement accompanying
this Act, unless the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such reprogramming of
funds.

(b)

None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or transferred to
the Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2011, or provided from any accounts
in the Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $5,000,000
or 10 percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10 percent as
approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such reprogramming of funds.

(c)

Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous appropriations Acts may
be transferred between such appropriations, but no such appropriation, except
as otherwise specifically provided, shall be increased by more than 10 percent
by such transfers:
Provided, That any transfer under
this section shall be treated as a reprogramming of funds under subsection (b)
and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are notified 15
days in advance of such transfer.

(d)

Notwithstanding subsections (a), (b), and
(c) of this section, no funds shall be reprogrammed within or transferred
between appropriations after May 31, except in extraordinary circumstances that
imminently threaten the safety of human life or the protection of
property.

504.

The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of the Federal Financial
Management Act of 1994 (Public Law 103–356, 31 U.S.C. 501 note), shall continue
operations as a permanent working capital fund for fiscal year
2011:
Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland Security
may be used to make payments to the Working Capital Fund, except for the
activities and amounts allowed in the President's fiscal year
2011 budget:
Provided further,
That funds provided to the Working Capital Fund shall be available for
obligation until expended to carry out the purposes of the Working Capital
Fund:
Provided further,
That all departmental components shall be charged only for direct usage of each
Working Capital Fund service:
Provided further,
That funds provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component:
Provided further,
That such fund shall be paid in advance or reimbursed at rates which will
return the full cost of each service:
Provided further,
That the Working Capital Fund shall be subject to the requirements of section
503 of this Act.

505.

Except as otherwise specifically provided
by law, not to exceed 50 percent of the amount of any unobligated balances
remaining available at the end of fiscal year
2011 from appropriations for
salaries and expenses for fiscal year
2011 under this Act shall remain
available through September 30, 2013, in the account and for the
purposes for which the appropriations were provided:
Provided, That prior to the
obligation of such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for approval in
accordance with section 503 of this Act.

506.

Funds made available by this Act for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of 1947 (50
U.S.C. 414) during fiscal year 2011 until the enactment of an Act
authorizing intelligence activities for fiscal year
2011.

507.

None of the funds made available by this
Act may be used to make a grant allocation, grant award, contract award, other
transaction agreement, a task or delivery order on a Department of Homeland
Security multiple award contract, or to issue a letter of intent totaling in
excess of $1,000,000, or to announce publicly
the intention to make such an award, including a contract covered by the
Federal Acquisition Regulation, unless the Secretary of Homeland Security
notifies the Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of making such an
award or issuing such a letter:
Provided, That if the Secretary
of Homeland Security determines that compliance with this section would pose a
substantial risk to human life, health, or safety, an award may be made without
such notification and the Committees on Appropriations of the Senate and the
House of Representatives shall be notified not later than 5 full business days
after such an award is made or letter issued:
Provided further,
That no notification shall involve funds that are not available for obligation:
Provided further,
That a notification under this section shall include the amount of the award,
the fiscal year for which the funds for the award were appropriated, and the
account from which the funds are being drawn:
Provided further,
That the Federal Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives 5 full business
days in advance of announcing publicly the intention of making an award under
State and Local Programs.

508.

Notwithstanding any other provision of law,
no agency shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of Representatives,
except that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training that cannot be accommodated in existing Center
facilities.

509.

None of the funds appropriated or otherwise
made available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus otherwise
required under chapter 33 of title 40, United States Code, has not been
approved, except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus.

510.

Sections 520, 522, 528, 530, and 531 of the
Department of Homeland Security Appropriations Act, 2008 (division E of Public
Law 110–161; 121 Stat. 2072, 2073, 2074, 2082) shall apply with respect to
funds made available in this Act in the same manner as such sections applied to
funds made available in that Act.

511.

None of the funds made available in this
Act may be used by any person other than the Privacy Officer appointed under
subsection (a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142(a)) to alter, direct that changes be made to, delay, or prohibit the
transmission to Congress of any report prepared under paragraph (6) of such
subsection.

512.

None of the funds made available in this
Act may be used in contravention of the applicable provisions of the Buy
American Act (41 U.S.C. 10a et seq.).

513.

None of the funds made available in this
Act may be used to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).

514.

None of the funds appropriated by this Act
may be used to process or approve a competition under Office of Management and
Budget Circular A–76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary or term basis) of United States
Citizenship and Immigration Services of the Department of Homeland Security who
are known as of that date as Immigration Information Officers, Contact
Representatives, or Investigative Assistants.

515.(a)

The Assistant Secretary of Homeland
Security (Transportation Security Administration) shall work with air carriers
and airports to ensure that the screening of cargo carried on passenger
aircraft, as defined in section 44901(g)(5) of title 49, United States Code,
increases incrementally each quarter until the requirement under section
44901(g)(2)(B) of such title is met.

(b)

Not later than 45 days after the end of
each fiscal quarter, the Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a report on air
cargo inspection statistics, by airport and air carrier, detailing the
incremental progress being made to meet the requirement under section
44901(g)(2)(B) of title 49, United States Code.

(c)

Not later than 90 days after the date of
the enactment of this Act, the Assistant Secretary shall submit to the
Committees on Appropriations of the Senate and the House of Representatives, a
report that either: (1) certifies that the requirement for screening all air
cargo on passenger aircraft by the deadline under section 44901(g) of title 49,
United States Code has been met; or (2) includes a strategy to comply with the
requirements under section 44901(g) of title 49, United States Code.

516.

Not later than 45 days after the last day
of each month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report for that month
that includes total obligations, on-board versus funded full-time equivalent
staffing levels, and the number of contract employees for each office of the
Department.

517.

Except as provided in section 44945 of
title 49, United States Code, funds appropriated or transferred to
Transportation Security Administration Aviation Security,
Administration and Transportation Security
Support for fiscal years 2004, 2005, 2006, 2007, 2008, and 2009 that
are recovered or deobligated shall be available only for the procurement or
installation of explosives detection systems, air cargo, baggage, and
checkpoint screening systems, subject to notification:
Provided, That quarterly reports
shall be submitted to the Committees on Appropriations of the Senate and the
House of Representatives on any funds that are recovered or deobligated.

518.

Any funds appropriated to Coast Guard
Acquisition, Construction, and Improvements for fiscal years
2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended for
the Fast Response Cutter program.

519.(a)

None of the funds provided by this or any
other Act may be obligated for the development, testing, deployment, or
operation of any portion of a human resources management system authorized by
section 9701(a) of title 5, United States Code, or by regulations prescribed
pursuant to such section, for an employee, as that term is defined in section
7103(a)(2) of such title.

(b)

The Secretary of Homeland Security shall
collaborate with employee representatives in the manner prescribed in section
9701(e) of title 5, United States Code, in the planning, testing, and
development of any portion of a human resources management system that is
developed, tested, or deployed for persons excluded from the definition of
employee as that term is defined in section 7103(a)(2) of such title.

The functions of the Federal Law
Enforcement Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory Reform Act of
1998 (31 U.S.C. 501 note).

522.(a)

Except as provided in subsection (b), none
of the funds appropriated in this or any other Act to the Office of the
Secretary and Executive Management, the Office of the Under Secretary for
Management, or the Office of the Chief Financial Officer, may be obligated for
a grant or contract funded under any such heading by any means other than full
and open competition.

(b)

Subsection (a) does not apply to obligation
of funds for a contract awarded—

(1)

by a means that is required by a Federal
statute, including obligation for a purchase made under a mandated preferential
program, including the AbilityOne Program, that is authorized under the
Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);

(2)

pursuant to the Small Business Act (15
U.S.C. 631 et seq.);

(3)

in an amount less than the simplified
acquisition threshold described under section 302A(a) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 252a(a)); or

(4)

by a Federal agency other than the
Department of Homeland Security using funds provided through an interagency
agreement.

(c)(1)

Subject to paragraph (2), the Secretary of
Homeland Security may waive the applicability of this section with respect to
the award of a contract if such a waiver is in the interest of national
security or if failure to waive such applicability would pose a substantial
risk to human health or welfare.

(2)

Not later than 5 days after the date on
which the Secretary of Homeland Security issues a waiver under this subsection,
the Secretary shall submit notification of that waiver to the Committees on
Appropriations of the Senate and the House of Representatives, including a
description of the contract to which the waiver applies and an explanation of
why the waiver authority was used. The Secretary may not delegate the authority
to grant such a waiver.

(d)

In addition to the requirements established
by subsections (a), (b), and (c) of this section, the Inspector General of the
Department of Homeland Security shall review departmental contracts awarded
through means other than a full and open competition to assess departmental
compliance with applicable laws and regulations:
Provided, That the Inspector
General shall review selected contracts awarded in the previous fiscal year
through means other than a full and open competition:
Provided further,
That in selecting which contracts to review, the Inspector General shall
consider the cost and complexity of the goods and services to be provided under
the contract, the criticality of the contract to fulfilling Department
missions, past performance problems on similar contracts or by the selected
vendor, complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems relevant:
Provided further,
That no later than February 7, 2011, the Inspector General shall submit to the
Committees on Appropriations of the Senate and the House of Representatives a
report on the reviews conducted under this section.

523.

None of the funds made available in this or
any other Act may be used to enforce section 4025(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3724)
unless the Assistant Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007, that butane
lighters are not a significant threat to civil aviation security.

524.

Funds made available in this Act may be
used to alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast Guard
Academy, except that none of the funds provided in this Act may be used to
reduce operations within any Civil Engineering Unit unless specifically
authorized by a statute enacted after the date of the enactment of this
Act.

525.

None of the funds made available in this
Act shall be available to carry out section 872 of the Homeland Security Act of
2002 (6 U.S.C. 452).

526.

None of the funds made available in this
Act may be used by United States Citizenship and Immigration Services to grant
an immigration benefit unless the results of background checks required by law
to be completed prior to the granting of the benefit have been received by
United States Citizenship and Immigration Services and such results do not
preclude the granting of the benefit.

527.

None of the funds made available in this or
any other Act for fiscal year 2011 and hereafter may be used to destroy or put
out to pasture any horse or other equine belonging to the Federal Government
that has become unfit for service, unless the trainer or handler is first given
the option to take possession of the equine through an adoption program that
has safeguards against slaughter and inhumane treatment.

528.

None of the funds provided in this Act
under the heading Office of the Chief Information Officer shall
be used for data center development other than for Data Center One (National
Center for Critical Information Processing and Storage) until the Chief
Information Officer certifies that Data Center One is fully utilized as the
Department's primary data storage center at the highest capacity throughout the
fiscal year.

529.

None of the funds in this Act shall be used
to reduce the United States Coast Guard's Operations Systems Center mission or
its Government-employed or contract staff levels.

530.

None of the funds appropriated by this Act
may be used to conduct, or to implement the results of, a competition under
Office of Management and Budget Circular A–76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.

in subsection (a), by striking Until
September 30, 2010 and inserting
Until September 30, 2011,; and

(2)

in subsection (d)(1), by striking
September 30, 2010, and inserting
September 30, 2011,.

532.

The Secretary of Homeland Security shall
require that all contracts entered into by the Department of Homeland Security
that provide award fees link such fees to successful acquisition outcomes
(which outcomes shall be specified in terms of cost, schedule, and
performance).

533.

None of the funds made available to the
Office of the Secretary and Executive Management under this Act
may be expended to hire any new employees of the Department of Homeland
Security who are not verified through the E-Verify Program established under
title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note).

534.

None of the funds made available in this
Act for U.S. Customs and Border Protection may be used to prevent an individual
not in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a
prescription drug from Canada that complies with the Federal Food, Drug, and
Cosmetic Act:
Provided, That this section shall
apply only to individuals transporting on their person a personal-use quantity
of the prescription drug, not to exceed a 90-day supply:
Provided further,
That the prescription drug may not be—

(1)

a controlled substance, as defined in
section 102(6) of the Controlled Substances Act (21 U.S.C. 802(b)); or

(2)

a biological product, as defined in section
351(i)(1) of the Public Health Service Act (42 U.S.C. 262(i)(1)).

535.

None of the funds made available in this
Act may be used by the Secretary of Homeland Security or any delegate of the
Secretary to issue any rule or regulation which implements the Notice of
Proposed Rulemaking related to Petitions for Aliens To Perform Temporary
Nonagricultural Services or Labor (H–2B) set out beginning on 70 Fed. Reg. 3984
(January 27, 2005).

536.

The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any proposed
transfers of funds available under
section
9703(g)(4)(B) of
title 31, Unites States Code (as added by Public Law 102–393) from the
Department of the Treasury Forfeiture Fund to any agency within the Department
of Homeland Security:
Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve the
proposed transfers.

537.

None of the funds made available in this
Act may be used for planning, testing, piloting, or developing a national
identification card.

538.

If the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines that an airport
does not need to participate in the E-Verify Program under section 402 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note), the Assistant Secretary shall certify to the Committees on
Appropriations of the Senate and the House of Representatives that no security
risks will result from such nonparticipation.

539.(a)

Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after the date that the
President determines whether to declare a major disaster because of an event
and any appeal is completed, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committees on Appropriations of the Senate and the House of Representatives,
and publish on the website of the Federal Emergency Management Agency, a report
regarding that decision, which shall summarize damage assessment information
used to determine whether to declare a major disaster.

(b)

The Administrator may redact from a report
under subsection (a) any data that the Administrator determines would
compromise national security.

(c)

In this section—

(1)

the term Administrator means
the Administrator of the Federal Emergency Management Agency; and

(2)

the term major disaster has
the meaning given that term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).

540.

Notwithstanding any other provision of law,
in the current fiscal year or a subsequent fiscal year, should the Secretary of
Homeland Security determine that the National Bio- and Agro-defense Facility be
located at a site other than Plum Island, New York, the Secretary shall have
the Administrator of General Services sell through public sale all real and
related personal property and transportation assets which support Plum Island
operations, subject to such terms and conditions as necessary to protect
Government interests and meet program requirements:
Provided, That the proceeds of
such sale shall be deposited as offsetting collections into the Department of
Homeland Security Science and Technology Research, Development,
Acquisition, and Operations account and, subject to appropriation,
shall be available until expended, for site acquisition, construction, and
costs related to the construction of the National Bio- and Agro-defense
Facility, including the costs associated with the sale, including due diligence
requirements, necessary environmental remediation at Plum Island, and
reimbursement of expenses incurred by the General Services
Administration.

541.

Any official who is required by this Act to
report or certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.

542.

Sections 1309(a) and 1319 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each be applied
by substituting “September 30, 2011” for the date specified in each such
section.

543.

Section 550(b) of the Department of
Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121
note), is amended by striking on October 4, 2010 and inserting on October
4, 2011.

544.(a)

None of the funds made available in this or
any other Act may be used to release an individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States Virgin
Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI).

(b)

None of the funds made available in this or
any other Act may be used to transfer an individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States Virgin
Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI), for the purpose of detention, except as
provided in subsection (c).

(c)

None of the funds made available in this or
any other Act may be used to transfer an individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States Virgin
Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI), for the purposes of prosecuting such
individual, or detaining such individual during legal proceedings, until 45
days after the plan described in subsection (d) is received.

(d)

The President shall submit to Congress, in
classified form, a plan regarding the proposed disposition of any individual
covered by subsection (c) who is detained as of June 24, 2009. Such plan shall
include, at a minimum, each of the following for each such individual:

(1)

A determination of the risk that the
individual might instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United States
territories if the individual were so transferred.

(2)

A determination of the risk that the
individual might advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate populations at
incarceration facilities within the continental United States, Alaska, Hawaii,
the District of Columbia, or the United States territories if the individual
were transferred to such a facility.

(3)

The costs associated with transferring the
individual in question.

(4)

The legal rationale and associated court
demands for transfer.

(5)

A plan for mitigation of any risks
described in paragraphs (1), (2), and (7).

(6)

A copy of a notification to the Governor of
the State to which the individual will be transferred, to the Mayor of the
District of Columbia if the individual will be transferred to the District of
Columbia, or to any United States territories with a certification by the
Attorney General of the United States in classified form at least 14 days prior
to such transfer (together with supporting documentation and justification)
that the individual poses little or no security risk to the United
States.

(7)

An assessment of any risk to the national
security of the United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer and the actions
taken to mitigate such risk.

(e)

None of the funds made available in this or
any other Act may be used to transfer or release an individual detained at
Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to the country of
such individual's nationality or last habitual residence or to any other
country other than the United States or to a freely associated State, unless
the President submits to the Congress, in classified form, at least 15 days
prior to such transfer or release, the following information:

(1)

The name of any individual to be
transferred or released and the country or the freely associated State to which
such individual is to be transferred or released.

(2)

An assessment of any risk to the national
security of the United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer or release and
the actions taken to mitigate such risk.

(3)

The terms of any agreement with the country
or the freely associated State for the acceptance of such individual, including
the amount of any financial assistance related to such agreement.

(f)

None of the funds made available in this
Act may be used to provide any immigration benefit (including a visa, admission
into the United States or any of the United States territories, parole into the
United States or any of the United States territories (other than parole for
the purposes of prosecution and related detention), or classification as a
refugee or applicant for asylum) to any individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba.

(g)

In this section, the term freely
associated States means the Federated States of Micronesia (FSM), the
Republic of the Marshall Islands (RMI), and the Republic of Palau.

(h)

Prior to the termination of detention
operations at Naval Station, Guantanamo Bay, Cuba, the President shall submit
to the Congress a report in classified form describing the disposition or legal
status of each individual detained at the facility as of the date of enactment
of this Act.

545.

For purposes of section 210C of the
Homeland Security Act of 2002 (6 U.S.C. 124j), for fiscal year 2011 and
hereafter, a rural area shall also include any area that is located in a
metropolitan statistical area and a county, borough, parish, or area under the
jurisdiction of an Indian tribe with a population of not more than
50,000.

546.

None of the funds made available in this
Act may be used for first-class travel by the employees of agencies funded by
this Act in contravention of sections 301–10.122 through 301.10–124 of title
41, Code of Federal Regulations.

547.

None of the funds made available in this
Act may be used to propose or effect a disciplinary or adverse action with
respect to any Department of Homeland Security employee who engages regularly
with the public in the performance of his or her official duties solely because
that employee elects to utilize protective equipment or measures, including
surgical masks, N95 respirators, gloves, or hand-sanitizers, where use of such
equipment or measures is in accordance with Department of Homeland Security
policy, and Centers for Disease Control and Prevention and Office of Personnel
Management guidance.

548.

None of the funds made available in this
Act may be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

549.

The Secretary of Homeland Security, acting
through the Commandant of the Coast Guard, may, notwithstanding any other
provision of law, for fiscal year 2011 and
hereafter sell any
real and personal property under the administrative control of the Coast Guard
and used for the LORAN system, by directing the Administrator of General
Services to sell such real and personal property, subject to such terms and
conditions that the Secretary believes to be necessary to protect Government
interests and program requirements of the Coast Guard:
Provided, That the proceeds, less
the costs of sale incurred by the General Services Administration, shall
hereafter be deposited as offsetting
collections into the Coast Guard Environmental Compliance and
Restoration account and, without further appropriation, shall be
available until expended for environmental compliance and restoration purposes
associated with the LORAN system, for the costs of securing and maintaining
equipment that may be used as a backup to the Global Positioning System or to
meet any other Federal navigation requirement, for the demolition of
improvements on such real property, and for the costs associated with the sale
of such real and personal property, including due diligence requirements,
necessary environmental remediation, and reimbursement of expenses incurred by
the General Services Administration:
Provided further,
That after the completion of such activities, any unexpended balances shall
hereafter be available for any other environmental compliance and restoration
activities of the Coast Guard.

550.

The administrative law judge annuitants
participating in the Senior Administrative Law Judge Program managed by the
Director of the Office of Personnel Management under section 3323 of title 5,
United States Code, shall be available on a temporary re-employment basis to
conduct arbitrations of disputes as part of the arbitration panel established
by the President under section 601 of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 164).

551.(a)

Any company that collects or retains
personal information directly from any individual who participates in the
Registered Traveler program of the Transportation Security Administration shall
safeguard and dispose of such information in accordance with the requirements
in—

(1)

the National Institute for Standards and
Technology Special Publication 800–30, entitled Risk Management Guide
for Information Technology Systems;

(2)

the National Institute for Standards and
Technology Special Publication 800–53, Revision 3, entitled ‘‘Recommended
Security Controls for Federal Information Systems and Organizations’’;
and

(3)

any supplemental standards established by
the Assistant Secretary, Transportation Security Administration (referred to in
this section as the Assistant Secretary).

(b)

The airport authority or air carrier
operator that sponsors the company under the Registered Traveler program shall
be known as the Sponsoring Entity.

(c)

The Assistant Secretary shall require any
company covered by subsection (a) to provide, not later than 30 days after the
date of the enactment of this Act, to the Sponsoring Entity written
certification that the procedures used by the company to safeguard and dispose
of information are in compliance with the requirements under subsection (a).
Such certification shall include a description of the procedures used by the
company to comply with such requirements.

(d)

Not later than 90 days after the date of
the enactment of this Act, the Assistant Secretary shall submit to the
Committees on Appropriations of the Senate and House of Representatives a
report that includes a description of—

(1)

the procedures that have been used to
safeguard and dispose of personal information collected through the Registered
Traveler program; and

(2)

the status of any certifications required
to be submitted by subsection (c).

552.

Notwithstanding any other provision of this
Act, none of the funds appropriated or otherwise made available by this Act may
be used to pay award or incentive fees for contractor performance that has been
judged to be below satisfactory performance or performance that does not meet
the basic requirements of a contract.

553.

None of the funds appropriated or otherwise
made available by this Act may be used by the Department of Homeland Security
to enter into any federal contract unless such contract is entered into in
accordance with the requirements of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of title 10, United States
Code, and the Federal Acquisition Regulation, unless such contract is otherwise
authorized by statute to be entered into without regard to the above referenced
statutes.

554.(a)

Funds made available by this Act solely for
data center migration may be transferred by the Secretary between
appropriations for the same purpose, notwithstanding section 503 of this
Act.

(b)

No transfer described in (a) shall occur
until 15 days after the Committees on Appropriations of the Senate and the
House of Representatives are notified of such transfer.

555.

For an additional amount for the
Office of the Under Secretary for Management,
$18,000,000, to increase the Department's
acquisition workforce capacity and capabilities:
Provided, That such funds may be
transferred by the Under Secretary for Management to any other account in the
Department to carry out the purposes provided herein:
Provided further,
That such transfer authority is in addition to any other transfer authority
provided in this Act, but no transfer shall occur until 15 days after the
Committees on Appropriations of the Senate and the House of Representatives are
notified of such transfer:
Provided further,
That such funds shall be available only to supplement and not to supplant
existing acquisition workforce activities:
Provided further,
That such funds shall be available for training, recruitment, retention, and
hiring additional members of the acquisition workforce as defined by the Office
of Federal Procurement Policy Act, as amended (41 U.S.C. 401 et seq.):
Provided further,
That such funds shall be available for information technology in support of
acquisition workforce effectiveness or for management solutions to improve
acquisition management.

556.

For an additional amount for the
Office of the Under Secretary for Management,
$342,100,000, of which not to exceed
$287,800,000 shall remain available until
expended for necessary expenses to plan, acquire, construct, renovate,
remediate, equip, furnish, and occupy buildings and facilities to consolidate
the Department of Homeland Security headquarters at St. Elizabeths; and of
which $54,300,000 shall remain available until
expended for associated mission support lease consolidation.

557.

Notwithstanding any other provision of law,
should the Secretary of Homeland Security determine that specific U.S.
Immigration and Customs Enforcement Service Processing Centers, or other U.S.
Immigration and Customs Enforcement owned detention facilities, no longer meet
the mission need, the Secretary is authorized to dispose of individual Service
Processing Centers, or other U.S. Immigration and Customs Enforcement owned
detention facilities, by directing the Administrator of General Services to
sell all real and related personal property which support Service Processing
Centers, or other U.S. Immigration and Customs Enforcement owned detention
facilities, operations, subject to such terms and conditions as necessary to
protect Government interests and meet program requirements:
Provided, That the proceeds, net
of the costs of sale incurred by the General Services Administration and U.S.
Immigration and Customs Enforcement shall be deposited as offsetting
collections into a separate account that shall be available, subject to
appropriation, until expended for other real property capital asset needs of
existing U.S. Immigration and Customs Enforcement assets, excluding daily
operations and maintenance costs, as the Secretary deems appropriate:
Provided further,
That any sale or collocation of federally owned detention facilities shall not
result in the maintenance of fewer than 33,400 detention beds:
Provided further,
That the Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the announcement of any
proposed collocation.

558.

The Department of Homeland Security shall
report to Congress no later than February 7, 2011, with recommendations for
savings from the identification of excess and surplus property as described in
the June 10, 2010, Presidential Memorandum entitled Disposing of
Unneeded Federal Real Estate.

559.(a)

Civil penalties

Section 46301(a)(5)(A)(i) of title 49,
United States Code, is amended—

(1)

by striking or chapter 449
and inserting chapter 449; and

(2)

by inserting , or section
46314(a) after 44909).

(b)

Criminal penalties

Section 46314(b) of title 49, United States
Code, is amended to read as follows:

(b)

Criminal penalty

A person violating subsection (a) of this
section shall be fined under title 18, imprisoned for not more than 10 years,
or
both.

.

(c)

Notice of penalties

Section 46314 of title 49, United States
Code, is amended by adding at the end the following new subsection:

(c)

Notice of penalties

(1)

In general

Each operator of an airport in the United
States that is required to establish an air transportation security program
pursuant to section 44903(c) shall ensure that signs that meet such
requirements as the Secretary of Homeland Security may prescribe providing
notice of the penalties imposed under sections 46301(a)(5)(A)(i) and subsection
(b) of this section, are displayed near all screening locations, all locations
where passengers exit the sterile area, and such other locations at the airport
as the Secretary of Homeland Security determines appropriate.

(2)

Effect of signs on penalties

An individual shall be subject to the
penalty provided for under section 46301(a)(5)(A)(i) and subsection (b) of this
section without regard to whether signs are displayed at an airport as required
by paragraph
(1).

.

560.

Section 421 of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109–241; 120 Stat. 547) is
amended—

(1)

by striking “in the 48-month period
beginning on the date of enactment of this Act if,” in subsection (a) and
inserting “until the date of expiration of this section if,”;

(2)

by striking Subsection
(a)(1) in subsection (b) and inserting Subsection (a);
and

(3)

by striking 48 months after the date
of enactment of this Act. in subsection (d) and inserting on
July 11, 2012.

561.

Lot 1 of the Morning Heights Subdivision,
Lot 2 and PT ST of the Morning Heights Subdivision, Lot 1 and PT ST of the
Bayless Addition, and Lot 24 of the Bayless Addition in Findlay, Ohio, shall be
available for construction and operation of portions of a flood control levee
if a feasibility study completed by the Chief of Engineers, of the civil works
program, of the United States Army Corps of Engineers indicates that such
construction is the most appropriate and cost-effective flood risk management
project for the area:
Provided, That those portions of
the properties identified by the Chief of Engineers for construction and
operation of portions of the flood control levee pursuant to the preceding
proviso shall be excepted from section 404(b)(2)(B) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, and those portions of the named
properties that are not used to construct and operate portions of said flood
control levee shall remain deeded as open space in perpetuity, in accordance
with section 404(b)(2)(B).

562.

None of the funds appropriated or otherwise
made available by this Act may be obligated by any covered executive agency in
contravention of the certification requirement of section 6(b) of the Iran
Sanctions Act of 1996, as included in the revisions to the Federal Acquisition
Regulation pursuant to such section.

563.

Of the unobligated balances available in
the fund codified under title 31 U.S.C. § 9703,
$22,600,000 are permanently rescinded.

564.

From the unobligated balances of prior year
appropriations made available for U.S. Customs and Border Protection
Automation Modernization,
$10,000,000 are rescinded.

565.

From the unobligated balances of prior year
appropriations made available for U.S. Customs and Border Protection “Border
Security Fencing, Infrastructure, and Technology”,
$25,000,000 are rescinded.

566.

From the unobligated balances of prior year
appropriations made available for Transportation Security Administration,
$15,000,000 are rescinded:
Provided, That the Transportation
Security Administration shall not rescind any unobligated balances from the
following programs: screener partnership program; explosives detection systems;
checkpoint support; aviation regulation and other enforcement; and air
cargo.

567.

From the unobligated balances of prior year
appropriations made available for Domestic Nuclear Detection Office
Research, Development, and Operations,
$27,000,000 are rescinded.

568.

From the unobligated balances of prior year
appropriations made available for National Protection and Programs Directorate
Infrastructure Protection and Information Security,
$6,000,000 are rescinded.

569.

From the unobligated balances of funds for
the Office for Domestic Preparedness transferred to the
Department of Homeland Security when it was established in
2003,$5,000,000 are
rescinded.

570.

From the unobligated balances of prior year
appropriations made available for U.S. Customs and Border Protection,
Salaries and Expenses, Headquarters Management and
Administration program, project, and activity,
$14,500,000 are rescinded.

571.

From the unobligated balances of funds for
the Violent Crime Reduction Program transferred to the
Department of Homeland Security when it was established in 2003,
$4,800,000 are rescinded.

572.

From the unobligated balances of prior year
appropriations made available for United States Citizenship and
Immigration Services in Public Law 111–83 for activities related to
REAL ID Act implementation, $10,000,000 are
rescinded.

573.

For fiscal year 2011 and hereafter, U.S.
Customs and Border Protection’s Advanced Training Center is authorized to
charge fees for any service and/or thing of value it provides to Federal
Government or non-government entities or individuals, so long as the fees
charged do not exceed the full costs associated with the service or thing of
value provided:
Provided, That notwithstanding 31
U.S.C. 3302(b), fees collected by the Advanced Training Center, are to be
deposited into a separate account entitled the Advanced Training Center
Revolving Fund, and be available, without further appropriations, for
necessary expenses of the Advanced Training Center program, and are to remain
available until expended.

574.

For an additional amount for the Federal
Emergency Management Agency, State and Local Programs,
$20,000,000, to remain available until expended,
for necessary expenses for reimbursement of the actual costs to State and local
governments for providing emergency management, public safety, and security at
events, as determined by the Administrator of the Federal Emergency Management
Agency related to the presence of National Special Security Event.

Notwithstanding any other provision of law,
including any agreement, the Federal share of assistance, including direct
Federal assistance provided under sections 403, 406, and 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5140b, 5172,
and 5173), for damages resulting from FEMA–3311–EM–RI, FEMA–1894–DR,
FEMA–1867–DR, FEMA–1873–DR, FEMA–1889–DR, FEMA–1897–DR, FEMA–1906–DR,
FEMA–1909–DR, and FEMA–1916–DR shall not be less than 90 percent of the
eligible costs under such sections.

577.

The Administrator of the Federal Emergency
Management Agency shall consider as non-discretionary the decision to award
grants for the construction and equipping of any interoperable communications
system for which construction was initiated before June 1, 2009, for which
grant applications were made under section 573 of division E of the
Consolidated Appropriations Act, 2008 (Public Law 110–161), section 10501 of
division B of the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110–329), or section 603 of the
Supplemental Appropriations Act, 2009 (Public Law 111–32).

This Act may be cited as the
Department of Homeland Security
Appropriations Act, 2011.

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